DOCUMENT CAP UTILIZATION OF VESSEL CAPACITY UNDER RESOLUTIONS C-02-03, C-12-06, C AND C-15-02

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1 INTER-AMERICAN TROPICAL TUNA COMMISSION PERMANENT WORKING GROUP ON FLEET CAPACITY 19 TH MEETING La Jolla, California 13 May 2018 DOCUMENT CAP UTILIZATION OF VESSEL CAPACITY UNDER RESOLUTIONS C-02-03, C-12-06, C AND C (UPDATED AS OF 31 MARCH 2018) This document contains updated data on the capacity of the purse-seine fleet in the eastern Pacific Ocean, and pending issues that should be addressed 1. It also includes information pertinent to the implementation of Resolutions C and C on capacity loans or concessions and chartering of vessels with temporary transfers of capacity and on the sealing of wells, respectively. 1. INTRODUCTION Resolution C on the capacity of the fleet operating in the eastern Pacific Ocean (EPO) has been in force for fifteen years. The capacity management system created by the Resolution establishes limitations essentially determined by the IATTC Regional Vessel Register. Therefore, the key elements of the Resolution address how vessels may be added to or removed from the Regional Register. The Secretariat has made available to each Member and Cooperating Non-Member (CPC) a document that shows the history of each CPC s flag vessels with regard to the Regional Register, and how that has affected, historically, the changes in the well volume available to each CPC since the Resolution entered into force. A monthly report of the movements made in the Regional Register relating to Resolutions C-02-03, C-12-06, C-12-08, C and C is also sent. It should be recalled that, in June 2005, the Commission adopted a Plan for Regional Management of Fishing Capacity. The principal objective of the Plan is to establish a comprehensive program for managing the capacity of all fishing fleets operating in the eastern Pacific Ocean (EPO), to ensure the long-term sustainability of the fisheries covered by the IATTC. For the purse-seine fishery, this will mean a reduction in the current level of fishing capacity. According to section 3 of the Plan, which establishes its objectives and principles: CPCs and all participants in these fisheries should limit the total fleet capacity to the present level and to reduce it, as appropriate, in accordance with an agreed program. After any targets for the fleet capacity have been achieved, CPCs and all participants in these fisheries should exercise caution to avoid growth in fleet capacity. 2. UTILIZATION OF WELL VOLUME TO DATE The active purse-seine capacity on the Regional Register on 31 March 2018 is 283,419 m 3. The capacity of inactive or sunk vessels is 5,532 m 3, and the capacity available as a result of movements of vessels on the Regional Register is 13,410 m 3, for a potential total of 302,361 m 3. In June 2002, when the Resolution 1 See document SAC-06 INF-B Capacity scenarios, prepared for the 6th meeting of the Scientific Advisory Committee in May It contains 11 scenarios of the impact on the tuna resources in the EPO of various increases in fleet capacity that would result from different resolutions of the currently pending capacity requests or capacity disputes. CAP Utilization of fleet capacity (updated) 1

2 entered into force, the active capacity was 218,482 m 3, while the sum total of the active and inactive capacity, plus that included in paragraph 10 of the resolution, was 273,467 m 3 ; although the current operative capacity is below that level (Figure 1), this represents an increase in the potential total capacity of 28,894 m³. It should be further noted that these numbers do not take fully into account the capacity requests in the footnote to the Resolution, which two of the three countries mentioned, Peru and Colombia, have utilized partially, with the approval of the Commission. The following are the main reasons for this increase in the potential total capacity. First, in the months following the adoption of Resolution C and subsequently, the Commission agreed to add several vessels to the Regional Register, to correct omissions by several delegations at the meeting at which the resolution was adopted. In addition, the measurement of vessel capacity has to be taken into account. In 2002, the capacity of the great majority of vessels was merely estimated; currently, almost all vessels have been measured, with an overall result of greater total capacity of the fleet. It is important to mention, that during its 89 th IATTC Meeting held in Guayaquil, Ecuador, the Commission adopted Resolution C-15-02, which establishes a deadline for confirming capacity through such measurement, as follows: For the purposes of interpretation of paragraph 6 of Resolution C with regard to the deadlines for confirming capacity, as of 1 January 2017 the well volume reflected on the Regional Vessel Register will be considered confirmed for vessels currently included in the Register. In the case of new vessels, the well volume notified at the time the vessel is added to the Register will be considered confirmed. Second, consistent with the provisions of the Resolution, the Commission adopted several decisions that led to an increase of the potential total capacity. Pursuant to paragraph 10 of the Resolution, 5,000 m³ of well volume were granted to Peru in June 2011 to be used only by Peruvian-flag vessels operating only in waters under the jurisdiction of Peru, a restriction that was removed by the Commission in July 2014; the situation of some Colombian and Ecuadorian vessels was regularized in June 2013, and a number of capacity requests or disputes were resolved by the Commission in 2014, as described in the minutes of its 88th meeting. At its 91 th Meeting (Extraordinary), the Commission approved the activation of the capacity of Guatemala (3,762 m 3 ) and Venezuela (1,688 m 3 ) that had been restored to them by the Commission at its 88 th Meeting (Extraordinary). In the past, there have been several requests for changes in the capacity of vessels on the Regional Register that have sunk or been scrapped, with well volumes greater than those originally recorded in the Regional Register by the respective flag CPC and with which the vessels operated until they sank or were scrapped. This type of situation cannot arise any longer since Resolution C stipulates that as of 1 January 2017 the well volume reflected on the Regional Vessel Register will be considered confirmed for vessels currently included in the Register. CAP Utilization of fleet capacity (updated) 2

3 FIGURE 1. Active, inactive, available, potential total, and operative capacity, in cubic meters (m 3 ) of well volume, (see glossary in the Appendix). CAP Utilization of fleet capacity (updated) 3

4 Figure 2 illustrates the evolution of the operative capacity of the fleets during FIGURE 2. Operative capacity of purse-seine fleets that fished in the EPO during with current capacities (a) greater than and (b) less than 14,000 cubic meters of well volume. 3. EXCEPTIONS FOR ADDING NEW VESSELS TO THE REGIONAL REGISTER Although the current system is not based on national capacity limits, paragraph 10 of Resolution C CAP Utilization of fleet capacity (updated) 4

5 and Resolution C allow certain countries to add to their fleet new vessels that are not on the Register. The current situation regarding these exceptions is: Limit (m 3 ) Provided Remaining Costa Rica 9,364 3,302 El Salvador Guatemala 1,700 0 Nicaragua 5,300 0 Peru 8,195 1,482 TOTAL 25,420 4, VESSELS THAT INCREASED THEIR CAPACITY According to information available to the Commission staff, the following vessel increased its capacity contrary to Resolution C The Director has written to the flag CPC regarding this increase, but the situation has not yet been corrected. Well volume (m Vessel Flag 3 ) Notes On Register True vol. Ricky A ECU 818 1,208 Pending since November 2009 Ecuador stated that the increase in capacity of this vessel was made with capacity from the vessel Victoria A, which operated in the EPO but sank in October 1995, and which was inadvertently omitted from the list of vessels supplied by Ecuador for inclusion in the Regional Register. 5. CAPACITY LOANS OR CONCESSIONS AND CHARTERS Resolution C-12-06, approved in June 2012, establishes the rules of procedure regarding loans or concessions of capacity and chartering vessels with temporary transfer of capacity. The table details the agreements of this type recorded as of 31 March Capacity loans or concessions and chartering of vessels with temporary transfer of capacity carried out in accordance with Resolution C Year Loaning/conc Receiving started eding CPC CPC Vessel CAPACITY CONCESSIONS 2010 CRI PAN Txopituna 1, CRI ECU Monteneme Well volume (m 3 ) CRI ECU Cap. Danny B 356 CRI ECU PS CRI PAN Txopituna Dos 1, CRI ECU Marujita CRI ECU Andrea I 351 CAPACITY LOANS 2013 BLZ ECU Florentino GTM ECU Emilio 1, BOL ECU Vicente 222 GTM ECU Vicente 496 NIC ECU Vicente 986 SLV ECU Ugavi Dos 1,881 ECU PAN Juan Pablo II 442 GTM PAN Diva Maria 1,633 GTM PAN Ljubica 2,000 VESSEL CHARTERS WITH TEMPORARY CAPACITY CAP Utilization of fleet capacity (updated) 5

6 TRANSFERS 2011 PAN ECU Esmeralda C 1,358 GTM PAN Reina de la Paz 2, PAN ECU María Del Mar A 2,304 PAN ECU Milena A PAN ECU Delia 995 PAN ECU Tunamar 1, PAN ECU Julie L 2, NIC ECU Florentino 1,484 PAN NIC Andrea 1 2, GTM PAN La Peña 1,475 PAN ECU Connie Jean Two PERMANENT TRANSFERS OF CAPACITY The following permanent transfers of capacity between CPCs, were recorded from 31 May 2017 through 31 March 2018: Permanent transfers of capacity between CPCs Date Donor Receiving Well volume Vessel recorded CPC CPC (m 3 ) 29 Sep 2017 NIC ECU Jorge Mario SEALED WELLS Resolution C-12-08, approved in June 2012, contains a protocol for sealing fish wells on purse-seine vessels. The following cases were recorded as of 31 March 2018: Vessel Flag Capacity (m 3 ) Well volume sealed or Total On Register disabled (m 3 ) Florentino ECU 2,439 1, Lizanny Z ECU Pacific Tuna ECU 1,242 1, Vicente ECU 2,439 1, Paragraph 5 of the resolution states that: Any vessel with one or more of its wells sealed to reduce its well volume recorded on the Regional Vessel Register shall be required to carry an observer from the International Dolphin Conservation Program (IDCP) on board. Furthermore, these vessels must pay their assessment for the AIDCP on-board observer program based on their total capacity, including sealed wells. It is also important to bear in mind that the reduction of the operative capacity of a vessel as a result of sealing wells does not change the vessel s capacity class, which is based on from the total capacity of its wells, sealed or unsealed. Thus, a Class-6 vessel, regardless of whether any of its wells are sealed, must continue to comply with all the requirements to which a Class-6 vessel is subject, in particular with regard to carrying an observer on board and observing the established closure periods. Likewise, it should be noted that, as agreed by the Parties to the AIDCP in Resolution A-13-01, vessels smaller than class 6 that must carry an observer (in this case for having sealed a well) should make contributions to the observer program equal to the amount paid by the smallest vessel of class 6 (363 t carrying capacity i.e. 508 m3 of well volume).. Another requirement of Resolution C is that "The well must be physically sealed in a tamper-proof manner, and in such a way that it does not communicate with any other space on the vessel and that its use for any other storage is prevented. The inspection and verification of the vessel s sealed wells for the first time shall be carried out by vessel s flag government. 2 This vessel is operating under a charter agreement between Panama (the chartering CPC ) and Nicaragua (the charterer CPC ) under the Nicaragua flag and using Nicaragua capacity. CAP Utilization of fleet capacity (updated) 6

7 8. PENDING CASES OF CAPACITY REQUESTS, CLAIMS, AND DISPUTES During the 88 th IATTC meeting (extraordinary) in October 2014, a number of cases of capacity requests, claims, and disputes were identified and discussed, some of which have been resolved. Discussion on the pending cases continued during the 89 th IATTC meeting in June-July The pending cases are classified in the following four categories : a. Requests by coastal Members based on the footnote to Resolution C-02-03; b. Claims arising from disputes resulting from capacity transfers and/or differences in the implementation of Resolution C-02-03; c. Requests for new increases in capacity by EPO coastal and non-coastal countries. d. Other cases, including cases such as new vessel measurements, national administrative errors, etc. The pending cases in each of these four categories are currently: Country Cubic meters Details a. Requests based on footnote in Resolution C Peru 5,851 Part of 14,046 m 3 in footnote to Resolution C Already granted 5,000 m 3 in Costa Rica 7,058 Part of 16,422 m 3 in footnote to Resolution C Colombia 4,772 Part of 14,046 m 3 in footnote to Resolution C Already granted 2,024 m 3 in SUBTOTAL 17,681 b. Claims arising from disputes Bolivia 5,830 Capacity which was allegedly transferred to Colombia without Bolivia s approval. Vanuatu 1,358 For the vessel Esmeralda C, which was allegedly transferred to Panama without Vanuatu s approval. Venezuela From vessels Jane IV (1,250 m 3 ), Baraka (1,287 m 3 ) and Templario I 3,805 (1,268 m 3 ) request still pending for the future if the status of the tuna stocks allows it. All these vessels are on Regional Register under Panamanian flag. SUBTOTAL 10,993 c. New requests El Salvador 2,105 Special needs and requirements of developing coastal countries Nicaragua 4,200 Honduras 3,000 Guatemala 9,000 Mexico 2,000 SUBTOTAL 20,305 d. Other cases Ecuador SUBTOTAL 3,969 TOTAL 52, Eli 176 Ljubica M. 908 Monteneme 1,534 Isabel IV (never on the Regional Register) 281 María del Mar (never on the Regional Register) 850 Victoria A. (never on the Regional Register) The current status of the discussion of these pending cases is reflected in the minutes of the 88 th (extraordinary) and 89 th meetings of the IATTC. CAP Utilization of fleet capacity (updated) 7

8 Appendix 1 GLOSSARY OF TERMS 1. Active capacity. See Resolution C The total well volume, in cubic meters, of vessels that are on the IATTC Regional Register and are authorized to fish in the EPO. May change status to inactive at any time during the year. 2. Available capacity. The total well volume, in cubic meters, that a Member or Cooperating Non- Member (CPC) has available for allocation to vessels as the result of: (a) vessels being removed from the Regional Register; (b) changes of flag, considering that a CPC may choose to retain for future use the right to the capacity of a vessel that is transferred to another flag; (c) non-allocated residuals from transfers and movements of vessels on the Regional Register; (d) the national capacity allocations specified in paragraph 10 of Resolution C Inactive/sunk capacity. See Resolution C The total well volume, in cubic meters, of (a) vessels that are on the IATTC Regional Register and have declared that they will not fish during a given year, but retain the right to become active provided they remain on the Regional Register, or (b) vessels that have sunk. May change status to active only at the beginning of the year. 4. Operative capacity. Operative capacity of purse seine vessels for a completed year is the total cubic meter well volume of all vessels which fished for tuna in the EPO in that year 3. The following criteria apply in the selection of operative capacity for a completed year: Vessels include those that made at least one EPO set with catch during that year. Only one quarter of the capacity of vessels operating under the special allowance in paragraph 12 of resolution C is added to the total, since these vessels will have effectively fished for approximately one quarter of the fishing year only. If a vessel s capacity changes during the completed year, then the capacity at the end of the year is used. The calculation of operative capacity for a year that has not yet been completed is the same as that for a completed year, except it is based on the vessels that are expected to fish, which include vessels that made at least one EPO set with catch during that year or during the previous year. 5. Potential total capacity. The sum of active capacity, inactive/sunk capacity, and available capacity. The total well volume, in cubic meters, that would be operating in the EPO if all CPCs activated all their vessels and used all their available capacity (including inactive/sunk capacity) to bring new vessels into the fishery. 6. Capacity disputes. Disputes that arise when a vessel changes flag, and both the vessel s previous flag CPC and its new flag CPC claim the vessel s capacity as their own. 7. Vessels authorized to fish. The vessels currently listed on the Regional Vessel Register as active pursuant to Resolution C Total capacity of vessel. The total well volume of a vessel, including the volume of any sealed wells. 9. Sealed well. Any space aboard a vessel, intended for freezing, maintenance, or storage of fish, access to which has been blocked to prevent its use for these purposes. 10. Capacity loans or concessions. Temporary loan or concession by a CPC of an available well volume capacity for use by a vessel of another CPC s flag. 11. Vessel charters with temporary capacity transfer. Vessel charters which include the temporary transfer of the capacity of the chartered vessel from the CPC granting the charter ( chartering CPC ) to the receiving CPC ( charterer CPC ). 3 See tables 1 and 2ab in Appendix 3 CAP Utilization of fleet capacity (updated) 8

9 Appendix 2 Utilization of capacity in the calculation of the number of days of closure The tropical tunas are managed following a harvest strategy based on fishing at the level that corresponds to maximum sustainable yield (F MSY). The stock assessments calculate the Fmultiplier, which is the fishing mortality corresponding to F MSY relative to the average fishing mortality over the last three years in the stock assessment, which is usually the three years prior to the year in which management is being decided for the following year (i.e. there is a two-year lag). The F multiplier is the amount that fishing mortality needs to be adjusted to achieve MSY. The three-year average is used because fishing mortality can fluctuate from year to year due to factors unrelated to fishing effort and the estimates of fishing mortality for the final year in the assessment are uncertain. The F multipier is adjusted for increases in capacity. Since the F multiper is based on the average of the last three years in the assessment, the increase in capacity is calculated based on the average capacity for the same three years. The current capacity is based on the most recent estimate of capacity for the current year. For these calculations, the operative capacity as described above is used. Adjusted F multipler = F multiplier / (current capacity / average capacity) The number of days of closure is calculated based on multiplying the current days open by the adjusted F multiplier with appropriate adjustments for the corralito. CAP Utilization of fleet capacity (updated) 9

10 Appendix 3 TABLE 1. Numbers and well volumes, in cubic meters, of purse-seine and pole-and line vessels of the EPO tuna fleet. The data for 2017 are preliminary. 4 TABLA 1. Número y volumen de bodega, en metros cúbicos, de buques cerqueros y cañeros de la flota atunera del OPO. Los datos de 2017 son preliminares. 4 PS LP Total No. Vol. (m 3 ) No. Vol. (m 3 ) No. Vol. (m 3 ) , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,018 4 Numbers and well volumes were adjusted in 2012 for all the years to account for well volume changes and vessels that fished in a given year but had zero catch for that year were removed. 4 Los números y volúmenes de bodegas se ajustaron en 2012 para todos los años para tener en cuenta los cambios en el volumen de bodegas y se eliminaron los buques que pescaron en un año determinado, pero tuvieron una captura igual a cero para ese año. CAP Utilization of fleet capacity (updated) 10

11 TABLE 2a. Well volume (cubic meters) of purse-seine (PS) vessels that fished in the EPO, by year and flag. 5 TABLA 2a. Volumen de bodega (metros cúbicos) de buques cerqueros (PS) que pescaron en el OPO, por año y bandera Belice Belize PS 1, Bolivia PS 7,910 7,910 4, Colombia PS 7,397 7,259 14,148 14,439 14,439 14,689 15,110 14,860 14,860 14,860 14,860 14,860 14,860 14,860 14,860 14,860 Ecuador PS 47,880 47,991 51,784 55,075 58,580 59,517 60,519 60,096 60,840 70,014 79,391 80,611 88,957 91,651 92,832 92,391 UE (España) EU (Spain) PS 12,177 12,177 8,859 6,955 6,955 6,955 10,116 10,116 10,116 10,116 10,116 10,116 10,116 10,116 4,120 4,120 Guatemala PS 7,640 3,820 3,415 1,475 1,475 1,475 3,056 3,575 4,819 4,819 3,575 1,475 1,475 1,475 1,475 0 Honduras PS 1,798 1,798 2,810 2,729 2,729 2,870 1,559 1,559 1, México PS 47,832 50,745 52,503 55,536 55,046 57,859 52,920 50,254 45,224 47,274 48,054 46,062 54,206 57,502 60,146 60,551 Nicaragua PS 1,229 2,018 3,895 8,060 8,308 6,023 6,023 6,353 6,353 9,685 9,966 9,966 8,478 8,478 8,478 10,648 Panamá PS 11,706 20,754 25,531 33,595 35,007 40,046 36,711 31,225 32,599 25,443 17,976 19,251 19,865 19,794 21,174 22,649 Perú PS 1, ,000 1, ,437 3,268 3,019 4,325 El Salvador PS 5,377 5,377 5,377 6,324 8,184 7,415 7,415 7,415 7,415 7,892 7,892 7,892 7,892 4,473 4,473 4,473 Desconocida Unknown PS 695 2, Estados Unidos United States PS 13,318 8,665 9,653 1,487 1,763 3, , ,275 3, ,203 17,219 30,619 30,677 Venezuela PS 30,784 32,699 29,961 33,839 30,788 29,684 27,083 29,403 22,747 24,007 22,862 20,890 20,890 19,592 21,448 19,066 Vanuatú PS 5,213 7,467 5,082 2,163 2,163 3,609 3,609 3,609 3,609 3,609 1,360 1, Total general - Grand Total 199, , , , , , , , , , , , , , , ,018 5 The amount and numbers provided are estimates. Moreover, each vessel is included in the total for each flag under which it fished during the year, but is included only once in the Grand total ; therefore this grand total may not equal the sums of the individual flags. 5 Los montos y números indicados son estimaciones. Además, se incluye cada buque en los totales de cada bandera bajo la cual pescó durante el año, pero solamente una vez en el Total general ; por consiguiente, los totales generales no equivalen necesariamente a las suma de las banderas individuales. CAP Utilization of fleet capacity (updated) 11

12 TABLE 2b. Numbers of purse-seine (PS) vessels that fished in the EPO, by year and flag. 6 TABLA 2b. Número de buques cerqueros (PS) que pescaron en el OPO, por año y bandera Belice Belize PS Bolivia PS Colombia PS Ecuador PS EU (España) - EU (Spain) PS Guatemala PS Honduras PS México PS Nicaragua PS Panamá PS Perú PS El Salvador PS Desconocida - Unknown PS Estados Unidos - United States PS Venezuela PS Vanuatú PS Total general - Grand Total The amount and numbers provided are estimates. Moreover, each vessel is included in the total for each flag under which it fished during the year, but is included only once in the Grand total ; therefore this grand total may not equal the sums of the individual flags. 6 Los montos y números indicados son estimaciones. Además, se incluye cada buque en los totales de cada bandera bajo la cual pescó durante el año, pero solamente una vez en el Total general ; por consiguiente, los totales generales no equivalen necesariamente a las sumas de las banderas individuales. CAP Utilization of fleet capacity (updated) 12

13 Appendix 4 Comparison of estimated operating capacity to actual operating capacity (as determined when the data for the whole year is available). Year Date Report Estimated capacity (m 3 Actual capacity (m ) Estimation error ) (Estimated/Actual) May IATTC-83-05c 214, , April IATTC-85-03d 214, , May IATTC-87-03d 215, , April IATTC-89-04d 236, , April IATTC-90-04d (REV) 255, , April SAC , , March SAC ,289 NA CAP Utilization of fleet capacity (updated) 13